The first hearing was held on July 27 on the application for the issuance of writ of injunction in a copyright infringement and unfair competition case filed by Tito and Vic Sotto, Joey de Leon, known as TVJ, and Jeny Ferre against the Television and Production Exponents Inc. (TAPE), the producer of the noontime show “Eat Bulaga,” and GMA Network.
The case was filed by TVJ and Ferre before the Marikina Regional Trial Court Branch 273 for “Copyright Infringement and Unfair Competition under R.A. No. 8293, otherwise known as the Intellectual Property Code of the Philippines, with Application for Issuance of a Writ of Preliminary Injunction.”
"Eat Bulaga" and its new hosts (Photos from TAPE on Facebook)
Tito, Vic and Joey (Photo from "Eat Bulaga 1979" account on Instagram)
The court is hearing first the part for the application for the issuance of a preliminary injunction before the main case.
Tito Sotto, De Leon and Ferre attended the hearing. De Leon was the first witness presented by the complainants. He took the witness stand and was subjected to direct, cross, redirect and recross examinations.
TVJ left “Eat Bulaga” and TAPE, and transferred to TV5 to host the show “E.A.T” starting July 1. “Eat Bulaga” resumed programming on June 5 with new hosts.
TAPE and TVJ are in a legal dispute over who owns the “Eat Bulaga” trademark. TAPE earlier said it is the prior registrant of the “Eat Bulaga” trademark with the Intellectual Property Office of the Philippines (IPOPHIL).
In filing the case, TVJ is seeking an injunction to stop TAPE from replaying “Eat Bulaga” episodes, segments and audio-visual recordings done before May 31 this year and using the title “Eat Bulaga” but TAPE opposed this.
For the application for writ of injunction, TVJ and Ferre want TAPE, Inc. to stop airing the show with the title ‘Eat Bulaga,’ its segments and the audio visual recordings of the episodes of ‘Eat Bulaga’ prior to May 31, 2023 but TAPE Inc. opposed this.
TAPE insisted that since it has the trademark registration of the name and logo of “Eat Bulaga,” it has the right to use the name and logo of “Eat Bulaga.” It has also trademark registrations of the segments.
It said TVJ and Ferre do not have the registration of the name and logo of “Eat Bulaga” with the Bureau of Trademark or copyright with the IPOPHL.
About the audiovisual recordings, TAPE said it owns the copyright because it spent for all the expenses of production to be able to make the episodes.
TVJ and Ferre also alleged unfair competition because of the continued usage of the name “Eat Bulaga,” allegedly giving the misleading impression to the public that Tito, Vic and Joey are still connected to TAPE and it is the same show with them as hosts.
But TAPE lawyer Maggie Abraham-Garduque said that "there is no unfair competition.”
“TVJ, as early as May 31, 2023, publicly announced their severance with TAPE Inc so the public will not be misled that they are still connected with TAPE. Likewise, TVJ launched their own noontime show on TV5 with the title ‘E.A.T.’ so the public knows that the “Eat Bulaga’ being shown on GMA now is not the ‘Eat Bulaga’ with them,” said Abraham-Garduque.